By Memorandum Order entered by The Honorable Christopher J. Burke in Kone Corporation v. Thyssenkrupp USA, Inc., et al., Civil Action No. 11-465-LPS-CJB (D.Del., September 26, 2011), the Court granted Plaintiff Kone Corporation’s motion for leave to take expedited discovery in connection with its pending motion for a preliminary injunction. The Court did modify and limit the scope of the expedited discovery granted. Id. at 16.
A copy of the Memorandum Order is attached.
In evaluating the motion, the Court noted that it had to decide which standard to apply for evaluating requests for expedited and/or early discovery since the Third Circuit has not adopted a standard and district courts in the Third Circuit have applied two different standards when considering motions for expedited discovery. Id. at 6. Ultimately, the Court concluded that it should apply the reasonableness standard to a request for expedited discovery. Id. at 9.
Under the reasonableness standard, the Court must weigh the need for discovery at an early juncture in the litigation against the breadth of the discovery requests and the prejudice to the responding party by considering such factors as (1) the timing and context of the discovery requests, including whether a preliminary injunction hearing has been scheduled; (2) the scope and purpose of the discovery requests; and (3) the nature of the burden to respondent. Id. at 7. After evaluating Plaintiff’s request for expedited discovery under the reasonableness standard, the Court granted Plaintiff’s motion but did alter the scope of the expedited discovery. Id. at 16.